Joanna Lewis - Head of PI and Clinical Negligence

Joanna’s Clinical Negligence practice includes cases involving misdiagnosis and late diagnosis; substandard surgery (including poor surgical technique and failure to rectify mistakes); defective implants; birth complications; premature death; failed cosmetic surgery as well as dental negligence cases involving substandard and unnecessary treatment over protracted periods of time. She drafts and advises on complex Schedules of Loss, including periodical payments and provisional damages. She represents parties at Inquests and is adept at dealing with high value costs budgets at CCMCs. Joanna is able to use her well-practised skills as a mediator to conduct particularly effective conferences with experts and at JSMs.

Recent cases include:

• The death of a retired gentleman who attended his GP with chest pains and was not referred for further investigation, suffering a fatal heart attack two days later. Causation was disputed by the NHS Trust.
• Failure to diagnose cancer of the jaw leading to the early death of a young father and a complex claim for losses and apportionment.
• Failure to investigate and treat low iron symptoms in a young woman leading to a perforated malignant tumour of the caecum. This matter settled at mediation.
• Failure to detect vitamin B deficiency in a child leading to peripheral nerve damage and extensive future losses.
• Negligent liposuction treatment resulting in serious cosmetic disfigurement and psychological symptoms.
• Negligent obstetric care and traumatic still-birth including a secondary victim claim.
• Negligent post-natal care involving an error with medication leading to developmental delay.
• Delayed cancer diagnosis in a pregnant mother who developed Stage 4 cancer and died following the birth of her child. The cancer would have been treatable if the NHS Trust had acted on the mother’s repeated concerns.
• Negligent extraction of teeth and substandard dental treatment.

Joanna’s Personal Injury caseload includes complex high value workplace accidents; product liability; Industrial Disease claims (upper limb work related disorders, deafness and lung disease); catastrophic road traffic accidents; LVI and fraudulent claims involving factitious injury and malingering including damaging surveillance evidence; fatal accidents; cases involving pain disorders and complex causation and quantum issues requiring multiple experts. She undertakes cases involving physical and psychological abuse, both historic and current and Criminal Injuries Compensation claims. Joanna also advises regularly on Occupiers’ Liability, Highways Act and Animals Act cases.

Recent cases include:

• Abuse of a patient by a doctor whilst in hospital receiving treatment for psychological issues.
• Road traffic accident causing a significant neck injury and the development of complex regional pain syndrome. There was a complex and large claim for losses as the Claimant was a self-employed builder who owned various properties that he planned to work on and sell.
• A severely autistic boy who sustained a complex fracture of his ankle whilst on a school trip. The fracture affected the growth plate and resulted in permanent disfigurement.
• A soldier who suffered a catastrophic leg injury resulting in amputation and leading to his discharge from the army. ‘Material contribution’, complex future losses and multiple experts were involved.
• A cyclist who suffered life changing injuries following a road rage incident involving a lorry.

Joanna represents bereaved families and employers at inquests with a particular focus on deaths in hospital settings, deaths arising from misdiagnosis, delayed and substandard treatment, systemic failures, workplace and road traffic accidents. She has gained praise for her sensitive and empathetic approach whilst effectively dealing with complex issues. Her previous experience in conducting criminal cases is reflected in her knowledge and expert handling of inquest juries.

Recent Inquests include:

• Negligent administration of ten times the approved dose of an anti-psychotic drug to an elderly lady in hospital. The Coroner returned a narrative verdict and made recommendations to the NHS Trust involved.
• Negligent care of a mentally vulnerable teenager who was able to walk out of her ‘secure’ unit and jump in front of a train.
• Death of a newborn baby following a negligently managed birth.
• Neglect of an elderly resident of a care home who suffered horrific bedsores and did not receive regular meals and hydration.
• Death of a young mother who was knocked off her bicycle by a refuse lorry whilst turning into a junction.

Joanna is an experienced and accredited mediator with the Civil Mediation Council. She is interested in the individual and seeks to ensure that all voices are heard and listened to in the mediations and facilitations she is involved in. Her well-practised people handling skills, an ability to listen and quickly spot the key issues in a dispute, challenging questioning and creative thinking provide the best problem solving environment in which resolve a wide range of disputes.

Joanna mediates in a wide variety of areas including:

• Commercial, contract, trusts and tort
• Employment and workplace
• Schools and education
• Landlord and tenant
• Boundary and property disputes
• Neighbour and community disputes
• Professional negligence
• Insurance
• Personal injury
• Clinical negligence

Recommendations from participants include:

‘A natural mediator.’

‘Calm, patient and makes you feel able to speak.’

‘Sensitive and insightful questioning.’

‘Excellent, highly skilled and with an entirely suitable approach and attitude. She made something delicate and complex relatively pain free.’

‘A real peacemaker.’

‘An excellent manner.’

‘Skilful facilitation – gentle, firm, focussed and diligent. Very impressive.’